Give terrorists just the opposite

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What infuriates many people about America's legal system is that it turns common sense into a bottomless sinkhole of nonsense.

A perfect example of this phenomenon was on full display at the military trial of Khalid Sheikh Mohammad and four of his cohorts charged with various crimes associated with the 9-11 terrorist attacks of 2001. Convictions could result in the death penalty.

The men had told the court they would be their own lawyers and mount a vigorous defense against the charges, but when the trial got underway they withdrew their plea of innocence, said they would confess to the crimes, and asked to be put to death. Khalid even admitted to masterminding the attacks.

Clearly, the jihadists decided they wanted to be martyrs to their twisted cause -- and certainly this should have simplified matters for the court. Terrorists want to die? Fine. Grant them their wish and be done with it. Their up-front admissions of guilt would save taxpayers a bundle of money, because death penalty trials, with all their appeals and so on, are extremely expensive.

The judge and prosecutors were stunned by the confessions. But they just couldn't let a simple matter stay simple.

It had to get complicated.

The judge said he wasn't sure he could apply the death penalty without a jury trial. By this reasoning, the terrorists could avoid the death penalty by admitting to their guilt.

On the other hand, if they are serious about wanting to die, then they apparently have to go before a jury, deny their guilt, and hope the jury finds them guilty anyway.

That's our legal system for you! Don't make anything easy if it can be made difficult. And stand reason on its head.

Further complications ensued when the judge anguished over the mental competency of a couple of the defendants. Wasn't it a little late in the game for that? That issue should have been resolved before the trial began.

Ultimately, the terrorists' formal confessions were delayed until the confused court could decide what to do about them.

Lest there be any doubt about their guilt, here's what one of the defendants blurted to the court in Arabic: "I reaffirm my allegiance to Osama bin Laden. I hope the jihad continues, and I hope it hits the heart of America with weapons of mass destruction."

Death is too good for these Islamic lunatics. The harshest punishment would be to deny them the martyrdom they seek.

A legal system based on common sense instead of mumbo-jumbo would lock them up in an isolation cell until they die of old age.

Comments

HTN007

Death is too good for these Islamic lunatics. The harshest punishment would be to deny them the martyrdom they seek......lock them up in an isolation cell(so;itary confinement) until they die of old age.

JohnRandolphHardisonCain

Khalid Sheikh Mohammad was waterboarded. That is torture. His young children were threatened by the U.S. Government. That is illegal. Confessions made under duress do not hold up in court. That is why Kalid Sheikh Mohammad and the other terror suspects who changed their pleas now have the U.S. military war crimes tribunal at Guantanamo detention facility tangled up in knots. According to the 2006 Military Commissions Act, which governs the tribunals, evidence obtained through coercive means is inadmissible. "Oh what a tangled web we weave when first we practice to deceive."

patriciathomas

Cain, the fact that these men attacked the U.S. citizenry never seems to enter into your "reasoning". Why is that? And why do you think everyone in the world should be prosecuted under American law but not be under American rule? I find your "reasoning" convoluted. These men are foreign agents sent here to kill Americans at will and in huge numbers. Why should they be coddled? "Humpty Dumpty sat on a wall ..."

JohnRandolphHardisonCain

Are we a nation that is subject to the rule of law or not, patriciathomas? Our justice system says these men are innocent until proven guilty. As of yet they have not been convicted in a court of law. Torture is not legal under our laws. Confessions obtained through the use of torture are inadmissible in a court of law. What part of that don't YOU understand, patriciathomas? The hastily cobbled together military tribunal system at Guantanamo is rife with legal black holes. All the wishing and "common sense" that The Augusta Chronicle editorial staff espouses doesn't amount to a hill of beans. Proper legal procedures must be followed. No prisoner at Guantanamo has every been "coddled". Reality ... check into it, patriciathomas.

whackyjackblackie

Cain, see if you can get this through your tin foil, there is no such thing as torture when you are dealing with terrorist.

JohnRandolphHardisonCain

Of course there is, whackyjackblackie. The military judge at the military tribunal at Guantanamo knows that torturing suspected terrorists is illegal & he knows that evidence so obtained is inadmissible in court. Even The Augusta Chronicle editorial staff would be forced to admit as much if push came to shove. This editorial is ill considered. Mike Ryan & company are shooting off their mouths & do not have a legal leg to stand on. Proper procedures have to be followed. The U.S. military tribunal system was a rush job after the Supreme Court TWICE told the Bush admin that it could not detain suspects indefinitely without trial. It is the Bush admin that created this quandary not an arcane "U.S. justice system". It isn't the justice system or the judge's fault that a couple of defendants may not be mentally competent to stand trial. Yes, that should have been resolved BEFORE THE PROSECUTION brought these cases to trial. The Bush administration cannot do anything right. They have proved to be incompetent in EVERYTHING. Bush did not listen to warning pre 9/11. FEMA is a disaster. Iraq construction is a $100 Billion boondoggle. Torture de rigueur & Guantanamo are national disgraces.

christian134

Turn them over to the Armed Forces...Let them be tried for War Crimes against this nation and be done with it...All this attention is self-serving and quite needless...They should never have been allowed to have the same opportunities to circumvent the system as Americans...After all that is every American's right not a Muslim Terrorist's right?...Cain I am almost positive that if you were to commit or even to be thought to commit the crimes that these people are being accused in one of the Middle East countries your life would not be worth 2 cents...These people may not have the best but they are certainly being afforded more than the men, women and children who died in the 911 attacks...

_SisterAbdullahX_

Cain, if you are against torture, then why do you subject people to your cut and paste, left wing blog rantings on a daily basis? And why do you ALWAYS support the terrorists and NEVER the Citizens they killed?

_SisterAbdullahX_

Anyone else notice how Cain has daily condemnation for the United States, but NOT ONCE has he condemned the actions of the terrorists? Makes you wonder who the enemy really is. I guess the morals of a "man" who thinks it's healthy for teens to have an active sex life, can't be taken seriously.

HairyPutter

Why not just close Gitmo down. Tonight at midnight, load up all the supplies & American troops on a plane, leave the gates unlocked & don't look back. Leave a note telling the prisoners they're in charge of their own freedom.

mgroothand

These terrorists want to die to achieve martyrdom then go to paradise where 72 virgins await them. Before being put to death wrap their bodies in bloody pigskin and sprinkle pigblood and pig feces all over them. Make it well known with gory photographs if necessary. They'll be denied martyrdom and will die a simple death.

_SisterAbdullahX_

A quote from Cain. "Our justice system says these men are innocent until proven guilty. As of yet they have not been convicted in a court of law." Why then do you constantly refer to President Bush as a war criminal? He has yet to be convicted in any court. It seems to me you are just a little to fast to defend our enemies, and convict those who keep you safe. You are truly a "man" to be pitied. It must be awful to live in a place that was founded on principles that you find so repulsive. I suspect that John Cain will never condemn the terrorists because it is not like him to condemn those with whom he agrees so fully.

rufus

I like it mg.

shamrock

JRHC ... do you have any real opinion regarding the editorial or are you just enthused about your ability to post a rambling mess of illogical mush? The editorial is RIGHT ON. People who think like you have caused the legal quagmire that caused this problem. I can't think of any country, other than the US, where outsiders attempting to detroy a country are given any "rights" by that country. I don't care about whether they think they are a martyr or not. They deserve to die. They are just mocking us and will continue to do so. They have no fear of our "justice system".

JohnRandolphHardisonCain

Without the rule of law United States will crumble. Mob rule is not justice. Democracy may be the worst form of government except for everything else. Absolutely everyone accused of a crime, U.S. citizen or not, has certain rights including the right not to be tortured. They also have the right to due process. Bush and company cannot ignore habeas corpus. The Supreme Court ruled TWICE against the Bush administration regarding the treatment and disposition of Guantanamo detainees. The Supreme Court of United States ruled that they cannot be held indefinitely without trial, without charges, and without the right to see the evidence against them. If the Bush administration has evidence that can convict the detainees at Guantanamo they should be brought to immediate trial either within U.S. civilian courts or within a hybrid civilian-military court. Pronouncing each and every one of these men guilty without a fair and expedient trial is unconstitutional and unAmerican. Revenge is not justice.

_SisterAbdullahX_

Yet YOU are allowed to pronounce that the President is guilty of war crimes? Why is it not unconstitutional and unAmerican when YOU do it. By the way.....enemy combatants do not enjoy the benefits of the constitution. You have got to be one of the most hypocritical cowards I have ever heard of.

JohnRandolphHardisonCain

Remember when then Sec. of Defense Donald Rumsfeld claimed these men had to be transported to Guantanamo hooded, shacked & gagged? Rumsfeld claimed these detainees were "the worst of the worst" & would "gnaw through hydraulic lines" of the aircraft transporting them. To date, 7 years later, United States has only 1 or 2 convictions. Scores have been turned loose. Khalid Sheikh Mohammad was only fairly recently brought to Guantanamo. Before that he was held at a CIA "black site" prison where he was tortured. The U.S. government holds or held his children & threatened to harm them if KSM didn't talk. KSM was waterboarded. The evidence against him probably is not admissible in a U.S. civilian court. KSM may indeed be guilty but not all detainees at Guantanamo are guilty. If United States executes innocent men, that is not justice. These men have been held without charge - some for more than 7 years - without being able to see the evidence against them. What part of this don't those of you screaming for blood understand? What part of your human nature or your American souls are you missing? Is it your intellect? Is it your commitment to justice & the rule of law? You should be ashamed.

_SisterAbdullahX_

What part of "shooting at our military" don't YOU understand? Oh yeah....too cowardly to serve, and holds the military in contempt....I forgot. Where's YOUR rule of law concerning the President that you have already said is guilty? I doubt you will fully answer the question because it will expose you as a liar. And I seriously doubt you would meet any of the people that you criticize on this forum in person because, once again.....to cowardly. Big man with a keyboard....but no real action in person.

_SisterAbdullahX_

"The U.S. government holds or held his children & threatened to harm them if KSM didn't talk." Ok Cain......prove it. Remember, YOU are the one that was touting innocent until proven guilty. Burden of proof is on YOU, the accuser.

JohnRandolphHardisonCain

Sounds like a threat to me, SisterAbdullahX. What do you want to do, beat some sense into me? Do you want to tie me to a fence post & beat me to death like Matthew Sheppard? What exactly is it that you want to do to me if you met me in person? I will continue to speak out publicly against the war & against President Bush whom I consider a war criminal. I never said Bush was not entitled to a fair trial. I do not support the death penalty nor do I think that Bush or Hitler for that matter will burn in hell for eternity. But George W. Bush lied this country into war & is guilty of the unnecessary deaths of hundreds of thousands of Iraqis - perhaps well over a million innocent civilians. Bush's war crimes make KSM & Osama bin Laden's crimes pale in comparison. I am not the only person who thinks this. Silencing me would not silence the truth about the unnecessary, immoral, illegal, unwinnable U.S. war of aggression in Iraq. Shooting at the U.S. military in Iraq is not a crime. It is part of a resistance to occupation & the right of self-defense. Many Iraqis who shot & killed American soldiers are now being paid to fight against Al Qaeda. There will be no U.S. military victory in Iraq.

_SisterAbdullahX_

"George W. Bush lied this country into war"........ Prove it you hypocritical moron!!!!! "Shooting at the U.S. military in Iraq is not a crime."....no? That's why they are being held as enemy combatants, and not civilian criminals. And shooting at our military IS an act of war and warrants death on the part of the one shooting.

_SisterAbdullahX_

And just for once in your pitiful little life, would you PLEASE state how the war is illegal. What law does it violate? Where can someone read this law? What gives this law authority over the US? Once again I fully expect you will continue to ignore these questions since you can't answer them without making yourself look more foolish than you already have.

_SisterAbdullahX_

There has already been a U.S. military victory in Iraq.....you just refuse to acknowledge it.

gcap

I say give them a fair trial. They most certainly will be convicted. Don't give them the death penalty. Throw them in prison and announce to all the prisoners who will be living amongst them. They won't last long.

JohnRandolphHardisonCain

If shooting at foreign occupiers in ones one country is a crime then American revolutionaries were criminals. No Iraqi soldier has been brought up on war crimes charges for shooting at invading U.S. soldiers. Your own rationale for war seems to be "might makes right". Well, if the spoils of war go to the victor the U.S. will never enjoy them because the war in Iraq will continue as long a U.S. troops occupy that country. Already Gen. Ray Odierno (who behaved as a thug before signing on to Petreaus' counterinsurgency plan) is saying that U.S. troops will remain in Iraqi cities beyond June 2009 which is the date agreed upon in the SOFA (Status of Forces Agreement). It is ironic that the U.S. makes deals with a U.S.-dependent Iraq gov't that cannot stand alone without U.S. support. So much for Iraqi autonomy. The fiscal cost of the war will weigh down the U.S. economy. Already war has led to deficits which led to debt which led to inflation which has led to recession and may will lead us into a depression. The U.S. war in Iraq is illegal because it was waged under known false premises. Today Bush in in Iraq claiming this was was "necessary". Bush was a liar then & Bush is a liar today

_SisterAbdullahX_

Um yes! The American revolutionaries were guilty of treason you dolt. Ben Franklin himself said that. And you continue to dodge the question. PROVE there were false pretenses. Where can I read a copy of this law? Is it just in your head? ANSWER the QUESTIONS!!!!! To everyone else. If you have any proof and can help Cain out.....feel free to email him at synergy48@hotmail.com. He could use all the help he can get.

JohnRandolphHardisonCain

When President Bush was asked by ABC News recently about his biggest regret, Bush answered: "I wish the intelligence had been different, I guess." Bush would not answer the followup question "would you have gone to war anyway if the intelligence had been different?" After Bush's faux mea culpa, Thomas Fingar, until last week the deputy director of national intelligence for analysis, said the Iraq war is both an intelligence AND A POLICY FAILURE. Bush is in Iraq today claiming the war was necessary. It was never necessary because Iraq posed no threat - direct or otherwise - to United States. George W. Bush simply wanted to take out Saddam Hussein. There were lots of reasons for this, but none of them justified going to war. Bush did not exhaust diplomatic or legal measures. Congress authorized The President to use force which Bush's handlers said was necessary "to strengthen Bush's hand at the negotiating table". UN weapons inspectors were on the ground in Iraq doing their job competently when Bush ordered them out and commenced "shock and awe". Today $100 billion in reconstruction has done little more than repair the damage U.S. bombing and ensuring looting caused.

_SisterAbdullahX_

"The U.S. war in Iraq is illegal because it was waged under known false premises." For once in your life....Prove that statement. Then let's see this law that you say the war violates. If it ain't in writing, it ain't a law.

JohnRandolphHardisonCain

The illegal U.S. occupation continues to bleed this country dry. Keep on with your delusional thinking, SisterAbdullahX. Sooner or later United States will be forced to withdraw from Iraq without a military victory. That will prove the war was both unnecessary & unwise. Investigations will follow. Bush still has about 37 days left in office. His role in authorizing torture will be investigated. I expect President Barack Obama to pardon George Walker Bush just as President Gerald Ford pardoned the criminal Richard Milhous Nixon. I have explained this to you before. Bush, Cheney & Rumsfeld established the Office of Special Plans (OSP) in the Pentagon to generate intelligence that countered the intelligence provided by the CIA. The OSP was headed by neocon Doug Feith. He ignored evidence that Iraq did not have a nuclear program. The Pentagon Inspector General said what they did was unethical but not illegal. I beg to differ. Lying to Congress is both unethical & ILLEGAL. That is an impeachable crime. Bush lied to Congress. Bush lied to the American people. Bush lied us into an unnecessary, costly, counterproductive war. There is no military victory to be had in Iraq. Not now. Not ever

_SisterAbdullahX_

Pardon him for WHAT? Lying to Congress is unethical and illegal, yet you have NEVER proven that it occurred, nor has anyone else. Your insistence to ignore that makes you look quite foolish on a daily basis. Will you ever answer the question? And there is military victory in Iraq, even if Cain the all knowing says there isn't. "Bush lied to Congress. Bush lied to the American people. Bush lied us into an unnecessary, costly, counterproductive war." Prove it prove it prove it!!!!!!!! If not, then shut up and go away! Your libel is a crime too, you know!

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